The Trade Marks Rules 2000

Renewal and restoration

Reminder of renewal of registration; s. 43

27.—(1) Subject to paragraph (2) below, at any time not earlier than six months nor later than one month before the expiration of the last registration of a trade mark, the registrar shall (except where renewal has already been effected under rule 28 below) send to the registered proprietor notice of the approaching expiration and inform him at the same time that the registration may be renewed in the manner described in rule 28 below.

(2) If it appears to the registrar that a trade mark may be registered under section 40 at any time within six months before or at any time after the date on which renewal would be due (by reference to the date of application for registration), the registrar shall be taken to have complied with paragraph (1) if she sends to the applicant notice thereof within one month following the date of actual registration.

Renewal of registration; s. 43 (Form TM11)

28.  Renewal of registration shall be effected by filing a request for renewal on Form TM11 at any time within the period of six months ending on the date of the expiration of the registration.

Delayed renewal and removal of registration; s. 43 (Form TM11)

29.—(1) If on the expiration of the last registration of a trade mark, the renewal fee has not been paid, the registrar shall publish that fact; and if, within six months from the date of the expiration of the last registration, the request for renewal is filed on Form TM11 accompanied by the appropriate renewal fee and additional renewal fee, the registrar shall renew the registration without removing the mark from the register.

(2) Where no request for renewal is filed as aforesaid, the registrar shall, subject to rule 30 below, remove the mark from the register.

(3) Where a mark is due to be registered after the date on which it is due for renewal (by reference to the date of application for registration), the request for renewal shall be filed together with the renewal fee and additional renewal fee within six months after the date of actual registration.

(4) The removal of the registration of a trade mark shall be published.

Restoration of registration; s. 43 (Form TM13)

30.—(1) Where the registrar has removed the mark from the register for failure to renew its registration in accordance with rule 29 above, she may, upon a request filed on Form TM13 within six months of the date of the removal of the mark accompanied by the appropriate renewal fee and appropriate restoration fee, restore the mark to the register and renew its registration if, having regard to the circumstances of the failure to renew, she is satisfied that it is just to do so.

(2) The restoration of the registration shall be published, with the date of restoration shown.